This chapter may be cited as the “Deceptive Trade Practices -Consumer Protection Act”.

5 Guam Code Ann. § 32102. Short Title.

This chapter may be cited as the “Deceptive Trade Practices -Consumer Protection Act”.

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5 Guam Code Ann. § 32103. Definitions.

As used in this chapter:(a) Business consumer means an individual, partnership orcorporation who seeks or acquires by purchase or lease, any goodsor services for commercial or business use. The term does notinclude the government of Guam.(b) Consumer goods means tangible goods purchased primarilyfor personal use or for use in the home or on a farm.(c) Consumer services means services purchased primarily forpersonal use or for use in the home or on a farm or to build, repair,maintain or enhance consumer goods. (d) Consumer means an individual, partnership, association,corporation, or the government of Guam who seeks or acquires bypurchase or lease, any goods or services, except that the term doesnot include a business consumer that has assets of Twenty-FiveMillion Dollars ($25,000,000) or more, or that is owned orcontrolled by a corporation or entity with assets of Twenty-FiveMillion Dollars ($25,000,000) or more.(e) Developer is a person who builds or who hires another tobuild new homes or buildings or condominium units for sale, asprovided in this subsection. Any person who, during the three (3)years preceding the enactment of this chapter, built or ordered built,had under construction, or offered for sale three (3) or more newhomes, new buildings, or new condominium units, or any combinationthereof involving three (3) or more new homes, new buildings,or new condominium units, in which the person had an equityinterest, is a developer for purposes of this section. If any memberof a partnership meets the definition of a developer, all partners aredevelopers. If any officer or director or majority shareholder of acorporation meets the definition of a developer, the corporation is adeveloper. If the spouse of any person meets the definition ofdeveloper, both husband and wife are developers. Developer doesnot include lending institutions acting in good faith and not havingan equity position in the new home or project. It does not includelicensed real estate brokers and their salesmen not having an equityposition in the new home, buildings, or condominium units, andwho disclosed to the consumer all defects therein then known tothem.(f) Documentary material includes the original or a copy of anybook, record, report, memorandum, paper, communication,tabulation, map, chart, photograph, mechanical transcription, orother tangible document or recording, wherever situated.(g) Goods means tangible chattels, real property, land,buildings, homes or condominiums built, purchased or leased foruse, investment or resale. Goods also includes stocks, bonds, andsecurities purchased for investment or resale, funeral plans,annuities, retirement plans, and insurance policies purchased for theprotection of a person or property.(h) Home means any building constructed for human habitation,including houses, apartment buildings, time share units, andcondominiums. It includes homes built on leasehold property havinga term, including all options to renew, in excess of twenty-five (25)years.(i) Knowingly means actual awareness of the falsity, deception,or unfairness of the act or practice giving rise to the consumer’sclaim. Actual awareness may be inferred where objective manifestationsindicate that a person acted with actual awareness.(j) Merchant means a person who deals in goods or services ofthe kind involved in the transaction or otherwise by his occupationor statements holds himself out as having knowledge or skillpeculiar to the practices, services or goods involved in thetransaction or to whom such knowledge or skill may be attributedby his employment of an agent or broker or other intermediary whoby his occupation holds himself out as having such knowledge orskills In addition, a person who purports to be a merchant or holdshimself out as a merchant is a merchant for purposes of this section.(k) Non-business consumer is a consumer who purchases goodsor services primarily for personal use or use in the home or on afarm.(l) Person means an individual, partnership, corporation,association, or other group, however organized.(m) Retail sale means the purchase of goods or services by anend user.(n) Sale and purchase include in reference to the sale orpurchase of goods and services the leasing or rental of property, butdo not include short term rentals of real property or leases of realproperty of ten (10) years or less.(o) Services means work, labor, or service purchased or leasedfor use, including but not limited to services furnished in connectionwith the sale or repair of goods.(p) Trade and commerce mean the advertising, offering forsale, sale, lease, or distribution of any good or service, of anyproperty, tangible or intangible, real, personal, or mixed, and anyother article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affectingthe people of Guam.(q) Unconscionable action or course of action means an act orpractice which is perpetrated by a person in the course of businessin the retail sale of consumer goods or services to the detriment of anon-business consumer and which:(1) Takes advantage of the lack of knowledge, ability,experience, or capacity of a person to a grossly unfair degree;or(2) Results in a gross disparity between the value receivedand consideration paid, in a trans action involving the transferof consideration.(r) Used in reference to tangible goods means tangible goodswhose value is diminished because the goods are used, second hand,rebuilt, or reconditioned.(s) Disaster means any typhoon, flood, high water, wind-drivenwater, tidal wave, tsunami, earthquake, volcanic eruption, landslide,mudslide, drought, fire, explosion, or other catastrophe which mayrequire emergency assistance to save lives, or to protect property,public health and safety or to avert an emergency.

5 Guam Code Ann. § 32103. Definitions.

As used in this chapter:(a) Business consumer means an individual, partnership orcorporation who seeks or acquires by purchase or lease, any goodsor services for commercial or business use. The term does notinclude the government of Guam.(b) Consumer goods means tangible goods purchased primarilyfor personal use or for use in the home or on a farm.(c) Consumer services means services purchased primarily forpersonal use or for use in the home or on a farm or to build, repair,maintain or enhance consumer goods. (d) Consumer means an individual, partnership, association,corporation, or the government of Guam who seeks or acquires bypurchase or lease, any goods or services, except that the term doesnot include a business consumer that has assets of Twenty-FiveMillion Dollars ($25,000,000) or more, or that is owned orcontrolled by a corporation or entity with assets of Twenty-FiveMillion Dollars ($25,000,000) or more.(e) Developer is a person who builds or who hires another tobuild new homes or buildings or condominium units for sale, asprovided in this subsection. Any person who, during the three (3)years preceding the enactment of this chapter, built or ordered built,had under construction, or offered for sale three (3) or more newhomes, new buildings, or new condominium units, or any combinationthereof involving three (3) or more new homes, new buildings,or new condominium units, in which the person had an equityinterest, is a developer for purposes of this section. If any memberof a partnership meets the definition of a developer, all partners aredevelopers. If any officer or director or majority shareholder of acorporation meets the definition of a developer, the corporation is adeveloper. If the spouse of any person meets the definition ofdeveloper, both husband and wife are developers. Developer doesnot include lending institutions acting in good faith and not havingan equity position in the new home or project. It does not includelicensed real estate brokers and their salesmen not having an equityposition in the new home, buildings, or condominium units, andwho disclosed to the consumer all defects therein then known tothem.(f) Documentary material includes the original or a copy of anybook, record, report, memorandum, paper, communication,tabulation, map, chart, photograph, mechanical transcription, orother tangible document or recording, wherever situated.(g) Goods means tangible chattels, real property, land,buildings, homes or condominiums built, purchased or leased foruse, investment or resale. Goods also includes stocks, bonds, andsecurities purchased for investment or resale, funeral plans,annuities, retirement plans, and insurance policies purchased for theprotection of a person or property.(h) Home means any building constructed for human habitation,including houses, apartment buildings, time share units, andcondominiums. It includes homes built on leasehold property havinga term, including all options to renew, in excess of twenty-five (25)years.(i) Knowingly means actual awareness of the falsity, deception,or unfairness of the act or practice giving rise to the consumer’sclaim. Actual awareness may be inferred where objective manifestationsindicate that a person acted with actual awareness.(j) Merchant means a person who deals in goods or services ofthe kind involved in the transaction or otherwise by his occupationor statements holds himself out as having knowledge or skillpeculiar to the practices, services or goods involved in thetransaction or to whom such knowledge or skill may be attributedby his employment of an agent or broker or other intermediary whoby his occupation holds himself out as having such knowledge orskills In addition, a person who purports to be a merchant or holdshimself out as a merchant is a merchant for purposes of this section.(k) Non-business consumer is a consumer who purchases goodsor services primarily for personal use or use in the home or on afarm.(l) Person means an individual, partnership, corporation,association, or other group, however organized.(m) Retail sale means the purchase of goods or services by anend user.(n) Sale and purchase include in reference to the sale orpurchase of goods and services the leasing or rental of property, butdo not include short term rentals of real property or leases of realproperty of ten (10) years or less.(o) Services means work, labor, or service purchased or leasedfor use, including but not limited to services furnished in connectionwith the sale or repair of goods.(p) Trade and commerce mean the advertising, offering forsale, sale, lease, or distribution of any good or service, of anyproperty, tangible or intangible, real, personal, or mixed, and anyother article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affectingthe people of Guam.(q) Unconscionable action or course of action means an act orpractice which is perpetrated by a person in the course of businessin the retail sale of consumer goods or services to the detriment of anon-business consumer and which:(1) Takes advantage of the lack of knowledge, ability,experience, or capacity of a person to a grossly unfair degree;or(2) Results in a gross disparity between the value receivedand consideration paid, in a trans action involving the transferof consideration.(r) Used in reference to tangible goods means tangible goodswhose value is diminished because the goods are used, second hand,rebuilt, or reconditioned.(s) Disaster means any typhoon, flood, high water, wind-drivenwater, tidal wave, tsunami, earthquake, volcanic eruption, landslide,mudslide, drought, fire, explosion, or other catastrophe which mayrequire emergency assistance to save lives, or to protect property,public health and safety or to avert an emergency.

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5 Guam Code Ann. § 32104. Waivers: Public Policy.

(a) Any waiver by a consumer of the provisions of this chapter, anywarranty, or the provisions of any statute imposing a duty or obligationupon another, is contrary to public policy and is unenforceable and void;provided, however, that a waiver not related to a warranty or provision oflaw which imposes a duty or obligation on another and which by statutecannot be waived is valid and enforceable if the person claiming thebenefit of the waiver pleads and proves:(1) The consumer was not in a significantly disparatebargaining position; and(2) The consumer was represented by legal counsel in seekingor acquiring goods or services, other than the purchase or lease for aconsideration paid or to be paid that exceeds One Million Dollars($1,000,000); and (3) Prior to paying any consideration whatsoever, the consumerwaived all or part of this chapter by an express provision in awritten contract signed by both the consumer and the consumer’sattorney or the Attorney General; provided, however, that a businessconsumer with net assets of Five Million Dollars ($5,000,000) ormore according to the most recent financial statement of thebusiness consumer prepared in accordance with generally acceptedaccounting principles that has knowledge and experience infinancial and business matters that enable it to evaluate the meritsand risks of a transaction and that it is not in a significantlydisparate bargaining position may by written contract prior topayment of any consideration waive the provisions of this chapterwithout signature of an attorney or the Attorney General.(4) Any waiver of any express warranty, implied warranty,warranty imposed by statute, common law, or operation of law, orsimilar provision of law set by statute for the protection of a consumeris subject to the provisions of this chapter.(5) If any statute provides that a warranty or other provision oflaw may not be waived, then notwithstanding the provisions of thissection the warranty or provision of law may not be waived.(b) The existence or absence of a disparate bargaining position maynot be established as a matter of law solely by evidence of theconsumer’s financial position relative to other parties to the contract orby matters contained in a written contract relating to the relativebargaining position of the parties.(c) An agreement to arbitrate constitutes an important waiver of theright of access to the courts. Therefore, as to any agreement to arbitrateexecuted after the effective date of this chapter, the agreement toarbitrate any matter arising out of the sale of goods or services for anyamount of consideration, or any matter or contingency arising therefrom,shall be treated as a waiver of rights under this chapter, is not binding onany consumer unless there is full compliance both with this section andwith this chapter, each party is represented by an attorney, and theagreement to arbitrate is signed by the attorneys representing each of theparties.

5 Guam Code Ann. § 32104. Waivers: Public Policy.

(a) Any waiver by a consumer of the provisions of this chapter, anywarranty, or the provisions of any statute imposing a duty or obligationupon another, is contrary to public policy and is unenforceable and void;provided, however, that a waiver not related to a warranty or provision oflaw which imposes a duty or obligation on another and which by statutecannot be waived is valid and enforceable if the person claiming thebenefit of the waiver pleads and proves:(1) The consumer was not in a significantly disparatebargaining position; and(2) The consumer was represented by legal counsel in seekingor acquiring goods or services, other than the purchase or lease for aconsideration paid or to be paid that exceeds One Million Dollars($1,000,000); and (3) Prior to paying any consideration whatsoever, the consumerwaived all or part of this chapter by an express provision in awritten contract signed by both the consumer and the consumer’sattorney or the Attorney General; provided, however, that a businessconsumer with net assets of Five Million Dollars ($5,000,000) ormore according to the most recent financial statement of thebusiness consumer prepared in accordance with generally acceptedaccounting principles that has knowledge and experience infinancial and business matters that enable it to evaluate the meritsand risks of a transaction and that it is not in a significantlydisparate bargaining position may by written contract prior topayment of any consideration waive the provisions of this chapterwithout signature of an attorney or the Attorney General.(4) Any waiver of any express warranty, implied warranty,warranty imposed by statute, common law, or operation of law, orsimilar provision of law set by statute for the protection of a consumeris subject to the provisions of this chapter.(5) If any statute provides that a warranty or other provision oflaw may not be waived, then notwithstanding the provisions of thissection the warranty or provision of law may not be waived.(b) The existence or absence of a disparate bargaining position maynot be established as a matter of law solely by evidence of theconsumer’s financial position relative to other parties to the contract orby matters contained in a written contract relating to the relativebargaining position of the parties.(c) An agreement to arbitrate constitutes an important waiver of theright of access to the courts. Therefore, as to any agreement to arbitrateexecuted after the effective date of this chapter, the agreement toarbitrate any matter arising out of the sale of goods or services for anyamount of consideration, or any matter or contingency arising therefrom,shall be treated as a waiver of rights under this chapter, is not binding onany consumer unless there is full compliance both with this section andwith this chapter, each party is represented by an attorney, and theagreement to arbitrate is signed by the attorneys representing each of theparties.

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5 Guam Code Ann. § 32201. Deceptive Trade Practices Unlawful.

(a) False, misleading, or deceptive acts or practices, including, butnot limited to those listed in this chapter, are hereby declared unlawfuland are subject to action by the Attorney General or any person aspermitted pursuant to this chapter or other provisions of Guam law. Aviolation consisting of any act prohibited by this title is in itselfactionable, and may be the basis for damages, rescission, or equitablerelief. The provisions of this chapter are to be liberally construed in favorof the consumer, balanced with substantial justice, and violation of suchprovisions may be raised as a claim, defense, crossclaim or counterclaim.(b) The term false, misleading, or deceptive acts or practicesincludes, but is not limited to, the following acts by any person ormerchant, which acts are hereby prohibited and declared illegal andcontrary to public policy if committed by any person or merchant:(1) Passing off goods or services as those of another; or(2) Causing confusion or misunderstanding as to the source,sponsorship, approval or certification of goods or services; or(3) Causing confusion or misunderstanding as to affiliation,connection, or association with, or certification by, another; or(4) Using deceptive representations or designations of geographicorigin in connection with goods or services; or(5) Representing that goods or services have sponsorship,approval, characteristics, ingredients, uses, benefits, or quantitieswhich they do not have or that a person has a sponsorship, approval,status, affiliation, or connection which he does not; or(6) Representing that goods are original or new if the goods aredeteriorated or used:(A) Motor vehicles shall be considered new or used basedon the definitions of new and used motor vehicles as defined bythe U.S. Federal Trade Commission; or(7) In selling or attempting to sell goods or services by makingstatements; or representations in violation of §§ 40120 or 40121, Title 10, Guam Code Annotated, or false medical claims or falsehealth claims; or(8) Representing by statements of fact that consumer goods orconsumer services offered for sale have a grossly inflated valuewhich the seller knows to be false and which is not based on the trueretail value of the goods or services or comparables. Merelymarking a grossly inflated price on an item or requesting a grosslyinflated price is not by itself a violation of this subsection; or(9) Knowingly billing a consumer for goods or servicesknowing that the consumer has already paid the amounts billed; or(10) Charging or attempting to charge a consumer for goods orservices not provided or not to be provided; or(11) Charging or attempting to charge a consumer who haspreviously contracted to buy goods or services additional charges,including taxes, not previously agreed to in the contract as a conditionof performance; or(12) Knowingly representing that an agreement confers orinvolves rights, remedies, or obligations which it does not have orinvolve, or which are prorepresentations knows such representationsto be false; or(13) Knowingly misrepresenting the authority of a salesman,representative or agent to negotiate the final terms of a consumertransaction; or(14) Disconnecting, turning back, or resetting the odometer ofany motor vehicle so as to reduce the number of miles indicated onthe odometer gauge; or(15) Selling or offering to sell, either directly or associated withthe sale of goods or services, a right of participation in a multi-leveldistributorship. As used herein, multi-level distributorship means asales plan for the distribution of goods or services in whichpromises of rebate or payment are made to individuals, conditionedupon those individuals recommending or securing additionalindividuals to assume positions in the sales operation, and where therebate or payment is not exclusively conditioned on or in relation toproceeds from the retail sales of goods, provided that nothing hereinshall prohibit the sale of a sales or presentation kit to prospective salespersons for Five Hundred Dollars ($500) or less; provided, thatthe kit is sold at not more than the actual cost to the seller, that nocommission is paid on the sale of the kit, and that a full refund (lessany demonstration products used) is offered to the buyer for thirty(30) days after the delivery of the kit if the buyer returns the kit tothe seller, whether or not the kit is used; and provided further that ifthe kit was purchased on Guam the kit can be returned to a locationin Guam and the refund immediately collected thereat and ifpurchased off-island can be returned to the place of purchase for therefund; or(16) Representing that work or services have been performedon, or parts replaced in, goods when the work or services were notperformed or the parts replaced; all replaced parts must be given tothe consumer who may, if he chooses, return such replaced parts tothe repairer for rebuilding; or(17) Using the term corporation, incorporated, limited, or anabbreviation of any of those terms in the name of a business entitythat is not incorporated under the laws of Guam or otherjurisdiction; or(18) Retaining deposits for goods and services without actuallydelivering the goods or services as promised and after a writtendemand for immediate performance or refund has been made by theconsumer; or(19) Accepting a deposit (including money taken for a reservation)by a developer or merchant from a purchaser of land, building(including homes) or condominium unit without first fixing in awritten contract a firm dollar price for the land, building, or condominium,which writing shall be enforceable against the buyer andthe seller. Any such deposit must be placed in escrow in a interestbearing account with a duly licensed title insurance company orbank, with the interest to the credit of the purchaser. If a deposit istaken in violation of this subsection for the purchase of land,building, or condominium, the purchaser may at his option revokethe transaction with penalty as provided below or at his request thecourt may order specific performance of the contract at a price thesame as the court finds the seller paid to purchase or acquire theland plus one-half (1/2) of any increase in the fair market value of the land as of the time the deposit was accepted, plus the actualcosts of constructing any building or condominium unit on the land,exclusive of administrative costs, sales costs, and administrativeoverhead. In the alternative, in the event of a violation of thissubsection, at the sole option of the consumer, the consumer mayrevoke the transaction and shall be entitled to a refund of three (3)times the amount of deposit and all other sums paid to the seller; or(20) Knowingly selling or offering to sell goods to any personwhich the seller has no right to sell or goods for which the sellercannot deliver clear title to the person as agreed. Nothing hereinshall prevent the sale of goods which are subject to liens andencumbrances if revealed in writing to the buyer at or before thetime of sale. Nothing in this chapter shall excuse compliance withthe Bulk Sales Act; or(21) Knowingly misrepresenting to a purchaser that goods areimmediately available for delivery. Unless a contract or receiptprovides otherwise, goods must be delivered to the consumer withinfourteen (14) days of the payment therefor; or(22) Knowingly selling or offering to sell goods or serviceswhich the seller thereof is not licensed to sell or offer for sale; or(23) Knowingly selling or offering to sell services which theseller thereof is not capable of providing; or(24) Knowingly selling or offering to sell goods which theseller thereof does not have and cannot reasonably obtain fordelivery to the consumer in a reasonable time; or(25) Knowingly making false statements of fact as to theresults of purchasing or using goods or services; or(26) Threatening economic retaliation or physical damage toany person or to any person’s property if goods or services are notpurchased; or(27) Violating any rule or regulation of the U.S. Federal TradeCommission; or(28) Violating any rule or regulation of the U.S. Food and DrugAdministration; or (29) Doing any other act which is prohibited by the laws ofGuam to mislead a consumer to his detriment or to induce anotherperson to buy or sell goods or services to such person’s detriment.(c) The term false, misleading, or deceptive acts or practicesincludes, but is not limited to, the following acts committed bymerchants. The following acts are hereby prohibited and declared illegaland contrary to public policy when done by any merchant:(1) Knowingly representing that goods or services are of aparticular standard, quality, or grade, or that goods are of aparticular style or mode, if they are of another; or(2) Disparaging the goods, services, or business of another byfalse or grossly misleading representation of facts; or(3) Advertising goods or services with intent not to sell them asadvertised; or(4) ("Bait and switch" prohibited) Advertising goods orservices with intent not to sell them as advertised, but rather toinduce a consumer into purchasing similar but more expensivegoods or services; or(5) Advertising goods or services with intent not to supply areasonably expectable public demand, unless the advertisementsdisclose a limitation of quantity; or(6) Making false or misleading statements of fact concerningthe reasons for, existence of, or amount of price reductions;provided, that nothing herein shall prohibit a "sale", clearance sale,seasonal or holiday sale, or a sale based on reasons which are notmisleading and which do not falsely imply a distressed or forcedsale; or(7) Inducing consumers into a business establishment byoffering free gifts as an inducement to enter the establishment andthen refusing to give such free gifts as promised; or(8) Falsely stating that one is selling or liquidating goods whichare distressed, damaged or misrouted when the goods are notdistressed, damaged, or misrouted; or(9) Failing or refusing to apply against the purchase price ofgoods or services a deposit made by the consumer; or (10) Advertising any sale by fraudulently representing that aperson is going out of business; or(11) Basing a charge for the repair of any item in whole or inpart on a guaranty or warranty instead of on the value of the actualrepairs made or work to be performed on the item without statingseparately the charges for the work and the charge for the warrantyor guaranty, if any; or(12) Inducing a consumer to purchase repair services or repairparts by knowingly making false or misleading statements of factconcerning the need for parts, replacement, or repair service; or(13) As to comprehensive and collision insurance insuring thevehicle of an insured on policies written after the effective date ofthis chapter, an insurer may not pay a consumer less than the faceamount of an insurance policy for a covered loss, and the insurer iestopped from denying that the face amount of the policy, whetheran original or renewal policy, showing the vehicle’s value uponwhich the insurance premium was based, is the true value of thevehicle, unless the insurer can show by a preponderance of theevidence:(A) That the vehicle insured was damaged by anuninsured cause since the policy was written; or(B) That the vehicle has accumulated mileage in excess ofsixteen thousand (16,000) miles per year or part thereof sincethe vehicle was first registered, and that the excess mileagesituation did not exist when the policy was written; or(C) That the insured fraudulently and materially misrepresentedmaterial facts concerning the value of the propertyinsured (the insured’s statement as to the estimated of the valueof the vehicle is not a misrepresentation of fact concerning thevalue of the vehicle); or(D) That because of multiple insurance policies, a coinsurancesituation exists.An insurer may include in a policy of insurance a scheduleshowing the depreciated value of the vehicle at various times duringthe life of the policy, but in such case, the premium shall be basedupon the average daily value of the vehicle over the life of theestopped from denying that the face amount of the policy, whetheran original or renewal policy, showing the vehicle’s value uponwhich the insurance premium was based, is the true value of thevehicle, unless the insurer can show by a preponderance of theevidence:(A) That the vehicle insured was damaged by anuninsured cause since the policy was written; or(B) That the vehicle has accumulated mileage in excess ofsixteen thousand (16,000) miles per year or part thereof sincethe vehicle was first registered, and that the excess mileagesituation did not exist when the policy was written; or(C) That the insured fraudulently and materially misrepresentedmaterial facts concerning the value of the propertyinsured (the insured’s statement as to the estimated of the valueof the vehicle is not a misrepresentation of fact concerning thevalue of the vehicle); or(D) That because of multiple insurance policies, a coinsurancesituation exists.An insurer may include in a policy of insurance a scheduleshowing the depreciated value of the vehicle at various times duringthe life of the policy, but in such case, the premium shall be basedupon the average daily value of the vehicle over the life of the

5 Guam Code Ann. § 32201. Deceptive Trade Practices Unlawful.

(a) False, misleading, or deceptive acts or practices, including, butnot limited to those listed in this chapter, are hereby declared unlawfuland are subject to action by the Attorney General or any person aspermitted pursuant to this chapter or other provisions of Guam law. Aviolation consisting of any act prohibited by this title is in itselfactionable, and may be the basis for damages, rescission, or equitablerelief. The provisions of this chapter are to be liberally construed in favorof the consumer, balanced with substantial justice, and violation of suchprovisions may be raised as a claim, defense, crossclaim or counterclaim.(b) The term false, misleading, or deceptive acts or practicesincludes, but is not limited to, the following acts by any person ormerchant, which acts are hereby prohibited and declared illegal andcontrary to public policy if committed by any person or merchant:(1) Passing off goods or services as those of another; or(2) Causing confusion or misunderstanding as to the source,sponsorship, approval or certification of goods or services; or(3) Causing confusion or misunderstanding as to affiliation,connection, or association with, or certification by, another; or(4) Using deceptive representations or designations of geographicorigin in connection with goods or services; or(5) Representing that goods or services have sponsorship,approval, characteristics, ingredients, uses, benefits, or quantitieswhich they do not have or that a person has a sponsorship, approval,status, affiliation, or connection which he does not; or(6) Representing that goods are original or new if the goods aredeteriorated or used:(A) Motor vehicles shall be considered new or used basedon the definitions of new and used motor vehicles as defined bythe U.S. Federal Trade Commission; or(7) In selling or attempting to sell goods or services by makingstatements; or representations in violation of §§ 40120 or 40121, Title 10, Guam Code Annotated, or false medical claims or falsehealth claims; or(8) Representing by statements of fact that consumer goods orconsumer services offered for sale have a grossly inflated valuewhich the seller knows to be false and which is not based on the trueretail value of the goods or services or comparables. Merelymarking a grossly inflated price on an item or requesting a grosslyinflated price is not by itself a violation of this subsection; or(9) Knowingly billing a consumer for goods or servicesknowing that the consumer has already paid the amounts billed; or(10) Charging or attempting to charge a consumer for goods orservices not provided or not to be provided; or(11) Charging or attempting to charge a consumer who haspreviously contracted to buy goods or services additional charges,including taxes, not previously agreed to in the contract as a conditionof performance; or(12) Knowingly representing that an agreement confers orinvolves rights, remedies, or obligations which it does not have orinvolve, or which are prorepresentations knows such representationsto be false; or(13) Knowingly misrepresenting the authority of a salesman,representative or agent to negotiate the final terms of a consumertransaction; or(14) Disconnecting, turning back, or resetting the odometer ofany motor vehicle so as to reduce the number of miles indicated onthe odometer gauge; or(15) Selling or offering to sell, either directly or associated withthe sale of goods or services, a right of participation in a multi-leveldistributorship. As used herein, multi-level distributorship means asales plan for the distribution of goods or services in whichpromises of rebate or payment are made to individuals, conditionedupon those individuals recommending or securing additionalindividuals to assume positions in the sales operation, and where therebate or payment is not exclusively conditioned on or in relation toproceeds from the retail sales of goods, provided that nothing hereinshall prohibit the sale of a sales or presentation kit to prospective salespersons for Five Hundred Dollars ($500) or less; provided, thatthe kit is sold at not more than the actual cost to the seller, that nocommission is paid on the sale of the kit, and that a full refund (lessany demonstration products used) is offered to the buyer for thirty(30) days after the delivery of the kit if the buyer returns the kit tothe seller, whether or not the kit is used; and provided further that ifthe kit was purchased on Guam the kit can be returned to a locationin Guam and the refund immediately collected thereat and ifpurchased off-island can be returned to the place of purchase for therefund; or(16) Representing that work or services have been performedon, or parts replaced in, goods when the work or services were notperformed or the parts replaced; all replaced parts must be given tothe consumer who may, if he chooses, return such replaced parts tothe repairer for rebuilding; or(17) Using the term corporation, incorporated, limited, or anabbreviation of any of those terms in the name of a business entitythat is not incorporated under the laws of Guam or otherjurisdiction; or(18) Retaining deposits for goods and services without actuallydelivering the goods or services as promised and after a writtendemand for immediate performance or refund has been made by theconsumer; or(19) Accepting a deposit (including money taken for a reservation)by a developer or merchant from a purchaser of land, building(including homes) or condominium unit without first fixing in awritten contract a firm dollar price for the land, building, or condominium,which writing shall be enforceable against the buyer andthe seller. Any such deposit must be placed in escrow in a interestbearing account with a duly licensed title insurance company orbank, with the interest to the credit of the purchaser. If a deposit istaken in violation of this subsection for the purchase of land,building, or condominium, the purchaser may at his option revokethe transaction with penalty as provided below or at his request thecourt may order specific performance of the contract at a price thesame as the court finds the seller paid to purchase or acquire theland plus one-half (1/2) of any increase in the fair market value of the land as of the time the deposit was accepted, plus the actualcosts of constructing any building or condominium unit on the land,exclusive of administrative costs, sales costs, and administrativeoverhead. In the alternative, in the event of a violation of thissubsection, at the sole option of the consumer, the consumer mayrevoke the transaction and shall be entitled to a refund of three (3)times the amount of deposit and all other sums paid to the seller; or(20) Knowingly selling or offering to sell goods to any personwhich the seller has no right to sell or goods for which the sellercannot deliver clear title to the person as agreed. Nothing hereinshall prevent the sale of goods which are subject to liens andencumbrances if revealed in writing to the buyer at or before thetime of sale. Nothing in this chapter shall excuse compliance withthe Bulk Sales Act; or(21) Knowingly misrepresenting to a purchaser that goods areimmediately available for delivery. Unless a contract or receiptprovides otherwise, goods must be delivered to the consumer withinfourteen (14) days of the payment therefor; or(22) Knowingly selling or offering to sell goods or serviceswhich the seller thereof is not licensed to sell or offer for sale; or(23) Knowingly selling or offering to sell services which theseller thereof is not capable of providing; or(24) Knowingly selling or offering to sell goods which theseller thereof does not have and cannot reasonably obtain fordelivery to the consumer in a reasonable time; or(25) Knowingly making false statements of fact as to theresults of purchasing or using goods or services; or(26) Threatening economic retaliation or physical damage toany person or to any person’s property if goods or services are notpurchased; or(27) Violating any rule or regulation of the U.S. Federal TradeCommission; or(28) Violating any rule or regulation of the U.S. Food and DrugAdministration; or (29) Doing any other act which is prohibited by the laws ofGuam to mislead a consumer to his detriment or to induce anotherperson to buy or sell goods or services to such person’s detriment.(c) The term false, misleading, or deceptive acts or practicesincludes, but is not limited to, the following acts committed bymerchants. The following acts are hereby prohibited and declared illegaland contrary to public policy when done by any merchant:(1) Knowingly representing that goods or services are of aparticular standard, quality, or grade, or that goods are of aparticular style or mode, if they are of another; or(2) Disparaging the goods, services, or business of another byfalse or grossly misleading representation of facts; or(3) Advertising goods or services with intent not to sell them asadvertised; or(4) ("Bait and switch" prohibited) Advertising goods orservices with intent not to sell them as advertised, but rather toinduce a consumer into purchasing similar but more expensivegoods or services; or(5) Advertising goods or services with intent not to supply areasonably expectable public demand, unless the advertisementsdisclose a limitation of quantity; or(6) Making false or misleading statements of fact concerningthe reasons for, existence of, or amount of price reductions;provided, that nothing herein shall prohibit a "sale", clearance sale,seasonal or holiday sale, or a sale based on reasons which are notmisleading and which do not falsely imply a distressed or forcedsale; or(7) Inducing consumers into a business establishment byoffering free gifts as an inducement to enter the establishment andthen refusing to give such free gifts as promised; or(8) Falsely stating that one is selling or liquidating goods whichare distressed, damaged or misrouted when the goods are notdistressed, damaged, or misrouted; or(9) Failing or refusing to apply against the purchase price ofgoods or services a deposit made by the consumer; or (10) Advertising any sale by fraudulently representing that aperson is going out of business; or(11) Basing a charge for the repair of any item in whole or inpart on a guaranty or warranty instead of on the value of the actualrepairs made or work to be performed on the item without statingseparately the charges for the work and the charge for the warrantyor guaranty, if any; or(12) Inducing a consumer to purchase repair services or repairparts by knowingly making false or misleading statements of factconcerning the need for parts, replacement, or repair service; or(13) As to comprehensive and collision insurance insuring thevehicle of an insured on policies written after the effective date ofthis chapter, an insurer may not pay a consumer less than the faceamount of an insurance policy for a covered loss, and the insurer iestopped from denying that the face amount of the policy, whetheran original or renewal policy, showing the vehicle’s value uponwhich the insurance premium was based, is the true value of thevehicle, unless the insurer can show by a preponderance of theevidence:(A) That the vehicle insured was damaged by anuninsured cause since the policy was written; or(B) That the vehicle has accumulated mileage in excess ofsixteen thousand (16,000) miles per year or part thereof sincethe vehicle was first registered, and that the excess mileagesituation did not exist when the policy was written; or(C) That the insured fraudulently and materially misrepresentedmaterial facts concerning the value of the propertyinsured (the insured’s statement as to the estimated of the valueof the vehicle is not a misrepresentation of fact concerning thevalue of the vehicle); or(D) That because of multiple insurance policies, a coinsurancesituation exists.An insurer may include in a policy of insurance a scheduleshowing the depreciated value of the vehicle at various times duringthe life of the policy, but in such case, the premium shall be basedupon the average daily value of the vehicle over the life of theestopped from denying that the face amount of the policy, whetheran original or renewal policy, showing the vehicle’s value uponwhich the insurance premium was based, is the true value of thevehicle, unless the insurer can show by a preponderance of theevidence:(A) That the vehicle insured was damaged by anuninsured cause since the policy was written; or(B) That the vehicle has accumulated mileage in excess ofsixteen thousand (16,000) miles per year or part thereof sincethe vehicle was first registered, and that the excess mileagesituation did not exist when the policy was written; or(C) That the insured fraudulently and materially misrepresentedmaterial facts concerning the value of the propertyinsured (the insured’s statement as to the estimated of the valueof the vehicle is not a misrepresentation of fact concerning thevalue of the vehicle); or(D) That because of multiple insurance policies, a coinsurancesituation exists.An insurer may include in a policy of insurance a scheduleshowing the depreciated value of the vehicle at various times duringthe life of the policy, but in such case, the premium shall be basedupon the average daily value of the vehicle over the life of the

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5 Guam Code Ann. § 32202. Defective Tangible Goods Sold by a Merchant Which DoNot Result in Death or Personal Injury.

This section does not apply in any case where personal injury ordeath results from defective tangible goods or the sale of defectivetangible goods nor does it apply to goods not sold to an aggrievedconsumer by a merchant.(1) New goods and vehicles less than five (5) years old aredefective if, within thirty (30) days of delivery, they break or fail tooperate as intended through no fault of or misuse by the consumer.New goods and vehicles less than five (5) years old which are foundto be defective within thirty (30) days of delivery must be correctedby the seller, and the seller may not rely upon any manufacturer’swarranty to escape responsibility for correction; provided, that themerchant may repair the goods pursuant to warranty and collect reimbursement pursuant to the terms of the warranty. Thissubsection applies only to durable goods having a reasonable lifeexpectancy of over thirty (30) days. Goods having a shorter lifeexpectancy are defective if they fail prematurely. This subsectiondoes not apply to sales without warranty as described in subsection(3) of this section, below.(2) After thirty (30) days, new goods and vehicles less than five(5) years old shall be repaired or replaced according to the terms ofwarranty, if any, unless the seller has by advertisement, written ororal communication, indicated some longer time for which the sellerassumes responsibility. If a warranty is not honored, the consumermay elect to treat the goods as defective goods and proceed underthis section against both the warrantor and the seller from whom thegoods were purchased even if more than thirty (30) days haveelapsed. If used goods are sold to a consumer as new, the court shallrequire repair, refund, or replacement as if the item were new, andin addition, if the matter goes to suit, the court shall award theconsumer punitive damages of Two Thousand Dollars ($2,000) orthree (3) times the value of the goods, whichever is greater.(3) Nothing herein shall prohibit the sale of vehicles less thanfive (5) years and goods (other than new homes) from being soldsubject to a defect, nor the sale of goods "as-is where-is" or withoutwarranty if the defects or lack of warranty or selling "as-is where-is"are disclosed to the consumer. In such case, the provisions of thissection do not apply. As to goods having a sale price in excess ofTwo Thousand Dollars ($2,000), the disclosure that such goods orvehicles are used or sold without guarantee or warranty must be in aseparate writing signed by the consumer prior to purchase.(4) The purchaser of new defective goods or vehicles less thanfive (5) years old is entitled to have the actionable defects in thegoods adjusted at the expense of the seller for thirty (30) days unlesssome greater time is set by law or agreement of the parties orwarranty of the seller unless the goods were sold "as-is where-is" incompliance with this section and all provisions of law. The sellershall repair the item, replace the item with a like item which is notdefective upon return of the original item to the seller, or have thepurchase price refunded upon return of the item to seller, lessdamages done to the item by the consumer and less the fair value of the usage of the item if used for more than thirty (30) days, at thesole option of the seller as to whether to repair, replace, or refund.Unless it can be proven that the seller knowingly sold defectivegoods to a consumer without knowledge of the defect, the consumeris not entitled to damages for the consumer’s inconvenience nor forlost profits, but is entitled to other actual damages, plus, if thematter is brought to suit, the other relief allowed by this chapter.Before filing suit for such defective goods, the consumer must givea thirty (30) day written notice of the defect, must make the goodsreasonably available to the seller for inspection, and, if theconsumer took delivery of the goods from the seller at the seller’splace of business, must return the goods to the seller at the time ofdelivery of the notice for the seller’s inspection.(5) A consumer who is fraudulently sold used goods which areaffirmatively represented as new is entitled to a refund of the cost ofthe goods, and may keep the goods as a penalty. In such case, allwarranties shall continue in full force and effect. In the alternative,as to appliances and vehicles, the consumer may choose to keep thegoods, pay for the goods as agreed, and the seller will be obligatedto make all necessary repairs and maintenance for the good’s regularand normal usage for a period of five (5) years. Any othersettlement (in or out of court) between a consumer and a seller whohas sold used goods as new is voidable by the consumer unless firstapproved in writing by the consumer and either the AttorneyGeneral or any attorney representing the consumer.(6) This section applies only to sales or transactions bymerchants.

5 Guam Code Ann. § 32202. Defective Tangible Goods Sold by a Merchant Which DoNot Result in Death or Personal Injury.

This section does not apply in any case where personal injury ordeath results from defective tangible goods or the sale of defectivetangible goods nor does it apply to goods not sold to an aggrievedconsumer by a merchant.(1) New goods and vehicles less than five (5) years old aredefective if, within thirty (30) days of delivery, they break or fail tooperate as intended through no fault of or misuse by the consumer.New goods and vehicles less than five (5) years old which are foundto be defective within thirty (30) days of delivery must be correctedby the seller, and the seller may not rely upon any manufacturer’swarranty to escape responsibility for correction; provided, that themerchant may repair the goods pursuant to warranty and collect reimbursement pursuant to the terms of the warranty. Thissubsection applies only to durable goods having a reasonable lifeexpectancy of over thirty (30) days. Goods having a shorter lifeexpectancy are defective if they fail prematurely. This subsectiondoes not apply to sales without warranty as described in subsection(3) of this section, below.(2) After thirty (30) days, new goods and vehicles less than five(5) years old shall be repaired or replaced according to the terms ofwarranty, if any, unless the seller has by advertisement, written ororal communication, indicated some longer time for which the sellerassumes responsibility. If a warranty is not honored, the consumermay elect to treat the goods as defective goods and proceed underthis section against both the warrantor and the seller from whom thegoods were purchased even if more than thirty (30) days haveelapsed. If used goods are sold to a consumer as new, the court shallrequire repair, refund, or replacement as if the item were new, andin addition, if the matter goes to suit, the court shall award theconsumer punitive damages of Two Thousand Dollars ($2,000) orthree (3) times the value of the goods, whichever is greater.(3) Nothing herein shall prohibit the sale of vehicles less thanfive (5) years and goods (other than new homes) from being soldsubject to a defect, nor the sale of goods "as-is where-is" or withoutwarranty if the defects or lack of warranty or selling "as-is where-is"are disclosed to the consumer. In such case, the provisions of thissection do not apply. As to goods having a sale price in excess ofTwo Thousand Dollars ($2,000), the disclosure that such goods orvehicles are used or sold without guarantee or warranty must be in aseparate writing signed by the consumer prior to purchase.(4) The purchaser of new defective goods or vehicles less thanfive (5) years old is entitled to have the actionable defects in thegoods adjusted at the expense of the seller for thirty (30) days unlesssome greater time is set by law or agreement of the parties orwarranty of the seller unless the goods were sold "as-is where-is" incompliance with this section and all provisions of law. The sellershall repair the item, replace the item with a like item which is notdefective upon return of the original item to the seller, or have thepurchase price refunded upon return of the item to seller, lessdamages done to the item by the consumer and less the fair value of the usage of the item if used for more than thirty (30) days, at thesole option of the seller as to whether to repair, replace, or refund.Unless it can be proven that the seller knowingly sold defectivegoods to a consumer without knowledge of the defect, the consumeris not entitled to damages for the consumer’s inconvenience nor forlost profits, but is entitled to other actual damages, plus, if thematter is brought to suit, the other relief allowed by this chapter.Before filing suit for such defective goods, the consumer must givea thirty (30) day written notice of the defect, must make the goodsreasonably available to the seller for inspection, and, if theconsumer took delivery of the goods from the seller at the seller’splace of business, must return the goods to the seller at the time ofdelivery of the notice for the seller’s inspection.(5) A consumer who is fraudulently sold used goods which areaffirmatively represented as new is entitled to a refund of the cost ofthe goods, and may keep the goods as a penalty. In such case, allwarranties shall continue in full force and effect. In the alternative,as to appliances and vehicles, the consumer may choose to keep thegoods, pay for the goods as agreed, and the seller will be obligatedto make all necessary repairs and maintenance for the good’s regularand normal usage for a period of five (5) years. Any othersettlement (in or out of court) between a consumer and a seller whohas sold used goods as new is voidable by the consumer unless firstapproved in writing by the consumer and either the AttorneyGeneral or any attorney representing the consumer.(6) This section applies only to sales or transactions bymerchants.

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§ 32303. Notice to Consumer.

When tangible goods are delivered to a consumer which have beenordered from a telephonic seller as a part of a telemarketing scheme,there shall also be delivered a written notice on a page by itself in at least14 point type informing the consumer that the consumer may return thegoods anytime within thirty (30) days after actual receipt by theconsumer (unless a longer period is given by the seller), and may receivea full refund of all amounts paid, including all shipping and handlingcharges and all shipping charges paid by the consumer to return the goods. The notice shall indicate the name, address, and preferred methodof return; provided, that return by the U.S. Postal Service, return inperson by the consumer, or return by the same manner as shipped to theconsumer shall always be appropriate, at the option of the consumer. Thegoods shall be considered returned as of the date delivered to theaddressee if delivered directly to the seller, or the date delivered by theconsumer to the U.S. Postal Service or other appropriate common carrier.Upon actual receipt of such returned goods, the seller shall within five(5) working days return the full purchase price, including all handlingand all shipping charges. Any seller who fails to make such refund whendue shall be jointly liable with the individual salesperson who actuallymade the sale for three times the total amount of the sale, including allshipping and handling charges.

§ 32303. Notice to Consumer.

When tangible goods are delivered to a consumer which have beenordered from a telephonic seller as a part of a telemarketing scheme,there shall also be delivered a written notice on a page by itself in at least14 point type informing the consumer that the consumer may return thegoods anytime within thirty (30) days after actual receipt by theconsumer (unless a longer period is given by the seller), and may receivea full refund of all amounts paid, including all shipping and handlingcharges and all shipping charges paid by the consumer to return the goods. The notice shall indicate the name, address, and preferred methodof return; provided, that return by the U.S. Postal Service, return inperson by the consumer, or return by the same manner as shipped to theconsumer shall always be appropriate, at the option of the consumer. Thegoods shall be considered returned as of the date delivered to theaddressee if delivered directly to the seller, or the date delivered by theconsumer to the U.S. Postal Service or other appropriate common carrier.Upon actual receipt of such returned goods, the seller shall within five(5) working days return the full purchase price, including all handlingand all shipping charges. Any seller who fails to make such refund whendue shall be jointly liable with the individual salesperson who actuallymade the sale for three times the total amount of the sale, including allshipping and handling charges.

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5 Guam Code Ann. § 32304. Contracts Required.

No sale or contract for sale of services, intangible goods, stocks,bonds, or investment opportunities by a telemarketing seller is final orenforce able until the consumer has signed a contract to purchase thesame and delivered a signed copy of the contract to the seller. In the caseof stocks, bonds, intangible goods, or investment opportunities thesignature of the consumer must be acknowledged by a notary public tobe enforce able. If a consumer has actually received stocks, bonds,intangible goods, or the investment opportunity prior to signing therequired acknowledged contract, the consumer shall return whatever hereceived if the consumer disavows the transaction.

5 Guam Code Ann. § 32304. Contracts Required.

No sale or contract for sale of services, intangible goods, stocks,bonds, or investment opportunities by a telemarketing seller is final orenforce able until the consumer has signed a contract to purchase thesame and delivered a signed copy of the contract to the seller. In the caseof stocks, bonds, intangible goods, or investment opportunities thesignature of the consumer must be acknowledged by a notary public tobe enforce able. If a consumer has actually received stocks, bonds,intangible goods, or the investment opportunity prior to signing therequired acknowledged contract, the consumer shall return whatever hereceived if the consumer disavows the transaction.

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5 Guam Code Ann. § 32305. Charges Not Collectible.

No telemarketing seller nor its successor in interest (including abona fide purchaser for value) nor any credit card company may collectany sums due for telemarketing sales made in violation of this article.Any charges collected in violation of this section shall be returned by theperson receiving the payment from the consumer.

5 Guam Code Ann. § 32305. Charges Not Collectible.

No telemarketing seller nor its successor in interest (including abona fide purchaser for value) nor any credit card company may collectany sums due for telemarketing sales made in violation of this article.Any charges collected in violation of this section shall be returned by theperson receiving the payment from the consumer.

(a) It is unlawful for any person to use the term "prize" or "gift" orother similar term in any manner that would be untrue or misleading,including, but not limited to, in the manner made unlawful in subsections(b) or (c) of this section.(b) If a person is notified that such person has already won a prize inany contest, it is unlawful to require the purchase of goods or services orpayment of any money whatsoever as a prerequisite to collect the prize,and the contest prize shall be delivered to the awardee without a requirementto pay money or purchase goods or services.(c) It is unlawful to notify any person by any means that such personwill receive a gift (including a prize or consisting of a prize) and that as acondition of receiving the gift such person must pay any money, orpurchase or lease (including rent) any goods or services, if any one (1) ormore of the following conditions exist:(1) The shipping charge, depending on the method of shippingused, exceeds(A) The average cost of postage or the average charge of adelivery service in the business of delivering goods of like size,weight, and kind for shippers other than the offerer of the giftfor the geographic area in which the gift is being distributed, or (B) The exact amount for shipping paid to an independentfulfillment house or an independent supplier, either of which isin the business of shipping goods for shippers other than theofferer of the gift.(2) The handling charge(A) Is not reasonable, or(B) Exceeds the actual cost of handling, or(C) Exceeds the sum of Three Dollars ($3) in any transaction,or(D) In the case of a general merchandise retailer, exceedsthe actual amount for handling paid to an independent fulfillmenthouse or supplier, either of which is in the business ofhandling goods for businesses other than the offerer of the gift.(3) Any goods or services which must be purchased or leasedby the offeree of the gift in order to obtain the gift could have beenpurchased through the same marketing channel in which the giftwas offered for a lower price without the gift items at or proximateto the time the gift was offered.(4) The majority of the gift offerer’s sales or leases within thepreceding year, through the marketing channel in which the gift isoffered or through in-person sales at retail outlets, of the type ofgoods or services which must be purchased or leased, in order toobtain the gift item, were made in conjunction with the offer of agift. This subsection does not apply to a gift offer made by a generalmerchandise retailer in conjunction with a sale at an on-islandlocation, or to the sale or lease through mail order of goods orservices (excluding catalog sales) if (A) the goods or services are ofa type unlike any other type of goods or services sold or leased bythe general merchandise retailer at any time during the periodbeginning six (6) months before and continuing until six (6) monthsafter the gift offer, (B) the gift offer does not extend for a period ofmore than two (2) months, and (C) the gift offer is not untrue ormisleading in any manner.(5) The gift offerer represents that the offeree has beenspecially selected in any manner unless (A) the representation is trueand (B) the offeree made purchase from the gift offerer within the six-(6-)month period before the gift offer was made or has a creditcard issued by, or a retail installment account with, the gift offereror the offeree previously entered the contest offered by the offeree.(6) Nothing in this section nor in this chapter may be used as adefense by an offerer to prevent an offerer from awarding a gift orprize to a contest winner, even if the contest was in violation of thisor any other statute; and nothing herein shall prevent legitimatecontests which do not require the offeree to spend any money withthe offerer or purchase any goods or services from the offerer. If anofferer offers a contest winner a prize, this section only invalidatesany requirement that the winner purchase goods or services or paymoney to get the prize, and does not relieve the offerer of theobligation to award the offeree the prize as won or promised. If acontest sponsor fails to award a prize as promised, the SuperiorCourt may, upon application of the Attorney General or the prizewinner, order the sponsor to make the award as promised or pay thefull retail value of the prize, plus attorney’s fees, and such civilpenalties as are provided in this chapter or in any other statute.(7) This article does not prohibit legitimate contests notrequiring the purchase of goods or services or the expenditure ofmoney; nor offers of gifts tied to the sale of other goods or services,if no element of chance is involved, and if the requirement that othergoods must be purchased is clearly stated in all advertising andcommunications; nor does it apply to games at Fiesta Guam, or itssuccessor, or to games conducted in village fiestas authorized by thevillage mayor.(8) Nothing in this section authorizes operation of a lotterywhich requires a purchase or expenditure of money, nor a game ofchance which requires a purchase or expenditure of money.(9) In addition to the remedies provided for in Articles 1 and 2of this chapter, the Attorney General may also represent a consumerin an action for specific performance of the terms of the contest oroffer of gift.(d) The following definitions apply to this section: (1) Marketing channel means a method of retail distribution,including, but not limited to, catalog sales, mail order sales, telephonesales, and in-person sales at retail outlets.(2) General merchandise retailer means any person or entityregardless of the form of organization that has continuously offeredfor sale or lease more than one hundred (100) different types ofgoods or services to the public in Guam throughout a periodexceeding five (5) years.(3) Each violation of the provisions of this section is amisdemeanor.

(a) It is unlawful for any person to use the term "prize" or "gift" orother similar term in any manner that would be untrue or misleading,including, but not limited to, in the manner made unlawful in subsections(b) or (c) of this section.(b) If a person is notified that such person has already won a prize inany contest, it is unlawful to require the purchase of goods or services orpayment of any money whatsoever as a prerequisite to collect the prize,and the contest prize shall be delivered to the awardee without a requirementto pay money or purchase goods or services.(c) It is unlawful to notify any person by any means that such personwill receive a gift (including a prize or consisting of a prize) and that as acondition of receiving the gift such person must pay any money, orpurchase or lease (including rent) any goods or services, if any one (1) ormore of the following conditions exist:(1) The shipping charge, depending on the method of shippingused, exceeds(A) The average cost of postage or the average charge of adelivery service in the business of delivering goods of like size,weight, and kind for shippers other than the offerer of the giftfor the geographic area in which the gift is being distributed, or (B) The exact amount for shipping paid to an independentfulfillment house or an independent supplier, either of which isin the business of shipping goods for shippers other than theofferer of the gift.(2) The handling charge(A) Is not reasonable, or(B) Exceeds the actual cost of handling, or(C) Exceeds the sum of Three Dollars ($3) in any transaction,or(D) In the case of a general merchandise retailer, exceedsthe actual amount for handling paid to an independent fulfillmenthouse or supplier, either of which is in the business ofhandling goods for businesses other than the offerer of the gift.(3) Any goods or services which must be purchased or leasedby the offeree of the gift in order to obtain the gift could have beenpurchased through the same marketing channel in which the giftwas offered for a lower price without the gift items at or proximateto the time the gift was offered.(4) The majority of the gift offerer’s sales or leases within thepreceding year, through the marketing channel in which the gift isoffered or through in-person sales at retail outlets, of the type ofgoods or services which must be purchased or leased, in order toobtain the gift item, were made in conjunction with the offer of agift. This subsection does not apply to a gift offer made by a generalmerchandise retailer in conjunction with a sale at an on-islandlocation, or to the sale or lease through mail order of goods orservices (excluding catalog sales) if (A) the goods or services are ofa type unlike any other type of goods or services sold or leased bythe general merchandise retailer at any time during the periodbeginning six (6) months before and continuing until six (6) monthsafter the gift offer, (B) the gift offer does not extend for a period ofmore than two (2) months, and (C) the gift offer is not untrue ormisleading in any manner.(5) The gift offerer represents that the offeree has beenspecially selected in any manner unless (A) the representation is trueand (B) the offeree made purchase from the gift offerer within the six-(6-)month period before the gift offer was made or has a creditcard issued by, or a retail installment account with, the gift offereror the offeree previously entered the contest offered by the offeree.(6) Nothing in this section nor in this chapter may be used as adefense by an offerer to prevent an offerer from awarding a gift orprize to a contest winner, even if the contest was in violation of thisor any other statute; and nothing herein shall prevent legitimatecontests which do not require the offeree to spend any money withthe offerer or purchase any goods or services from the offerer. If anofferer offers a contest winner a prize, this section only invalidatesany requirement that the winner purchase goods or services or paymoney to get the prize, and does not relieve the offerer of theobligation to award the offeree the prize as won or promised. If acontest sponsor fails to award a prize as promised, the SuperiorCourt may, upon application of the Attorney General or the prizewinner, order the sponsor to make the award as promised or pay thefull retail value of the prize, plus attorney’s fees, and such civilpenalties as are provided in this chapter or in any other statute.(7) This article does not prohibit legitimate contests notrequiring the purchase of goods or services or the expenditure ofmoney; nor offers of gifts tied to the sale of other goods or services,if no element of chance is involved, and if the requirement that othergoods must be purchased is clearly stated in all advertising andcommunications; nor does it apply to games at Fiesta Guam, or itssuccessor, or to games conducted in village fiestas authorized by thevillage mayor.(8) Nothing in this section authorizes operation of a lotterywhich requires a purchase or expenditure of money, nor a game ofchance which requires a purchase or expenditure of money.(9) In addition to the remedies provided for in Articles 1 and 2of this chapter, the Attorney General may also represent a consumerin an action for specific performance of the terms of the contest oroffer of gift.(d) The following definitions apply to this section: (1) Marketing channel means a method of retail distribution,including, but not limited to, catalog sales, mail order sales, telephonesales, and in-person sales at retail outlets.(2) General merchandise retailer means any person or entityregardless of the form of organization that has continuously offeredfor sale or lease more than one hundred (100) different types ofgoods or services to the public in Guam throughout a periodexceeding five (5) years.(3) Each violation of the provisions of this section is amisdemeanor.

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5 Guam Code Ann. § 32601. Short Title.

This act shall be known as the “Consumer Protection And Right ToChoose Cable Television Service Act”.

5 Guam Code Ann. § 32601. Short Title.

This act shall be known as the “Consumer Protection And Right ToChoose Cable Television Service Act”.

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5 Guam Code Ann. § 32603. Access.

(a) No property owner, condominium association, managing agent,lessee or other person in possession or control of any residential building(hereinafter “property manager”) shall forbid or prevent any occupant,tenant or lessee (hereinafter “tenant”) of any such building from (1)receiving cable television service from a cable operator, nor (2) demandor accept payment from any cable operator or such tenant in any form asa condition of permitting the installation of cable television facilities orthe maintenance of cable television service in any such building or anyportion thereof occupied or leased by such tenant, nor (3) discriminate inrental charges or otherwise against any tenant receiving cable service;provided, however, that the property manager of such building mayrequire, in exchange and as compensation for permitting the installationof cable television facilities within and upon such building, the paymentof just compensation by the cable operator which provides such cabletelevision service, said sum to be determined in accordance with theprovisions of subparagraphs (c) and (d) hereof, and provided further thatthe cable operator installing such cable television facilities shall agree toindemnify the owner of such building for any damage caused by the installation, operation or removal of such cable television facilities andservice.No cable operator shall install cable television facilities within aresidential building pursuant to this subparagraph (a) unless the propertymanager of such residential building, or a tenant of such residentialbuilding requests the delivery of cable television services. In anyinstance in which a request for service is made by more than three (3)tenants of a residential building, the cable operator may install cabletelevision facilities throughout the building in a manner which enablesthe cable operator to provide cable television services to tenants of otherresidential units without requiring the installation of additional cabletelevision facilities other than within the residential units occupied bysuch other tenants.(b) No property manager of any improved or unimproved real estateshall forbid or prevent a cable operator from entering upon such realestate for the purpose of and in connection with the construction orinstallation of such cable television system and cable television facilities,nor shall any such property manager of such real estate forbid or preventsuch cable operator from constructing or installing upon, beneath or over(hereinafter “upon”) such real estate, including any buildings or otherstructures located thereon, hardware, cable, equipment, materials or othercable television facilities utilized by such cable operator in theconstruction and installation of such cable television system; provided,however, that the property manager of any such real estate may require,in exchange and as compensation for permitting the construction orinstallation of cable television facilities upon such real estate, thepayment of just compensation by the cable operator which provides suchcable television service, said sum to be determined in accordance withthe provisions of subparagraphs (c) and (d) hereof, and provided furtherthat the cable operator constructing or installing such cable televisionfacilities shall agree to indemnify the owner of such real estate for anydamage caused by the installation, operation or removal of such cabletelevision facilities and service.(c) In any instance in which the property manager of a residentialbuilding or improved or unimproved real estate intends to require thepayment of just compensation in excess of $1 in exchange for permittingthe installation of cable television facilities in and upon such building, orupon such real estate, the property manager shall serve written notice 20 days of the date on which such property manager is notified of thecable operator’s intention to construct or install cable television facilitiesin and upon such building, or real estate. Unless timely notice as hereinprovided is given by the property manager to the cable operator, it willbe conclusively presumed that the property manager of any such buildingor real estate does not claim or intend to require a payment of more than$1 in exchange and as just compensation for permitting the installation ofcable television facilities within and upon such building or real estate. Inany instance in which a cable operator intends to install cable televisionfacilities as herein provided, written notice of such intention shall be sentby the cable operator to the property manager. Such notice shall includethe address of the property, the name of the cable operator, andinformation as to the time within which the property manager may givenotice, demand payment as just compensation and initiate legalproceedings as provided in this subparagraph (c) and subparagraph (d).In any instance in which a cable operator intends to install cabletelevision facilities within a residential building containing twelve(12) ormore residential units, the written notice shall further provide that theproperty manager may require that the cable operator submit writtenplans identifying the manner in which cable television facilities are to beinstalled, including the proposed location of coaxial cable. Approval ofsuch plans by the property manager shall not be unreasonably withheldand such property manager’s consent to and approval of such plans shallbe presumed unless, within 30 days after receipt thereof, or in the case ofa condominium association, 90 days after receipt thereof, the propertymanager identifies in writing the specific manner in which such plansdeviate from generally accepted construction or safety standards, andunless the property manager contemporaneously submits an alternativeconstruction plan providing for the installation of cable televisionfacilities in an economically feasible manner. The cable operator mayproceed with the plans originally submitted if an alternative plan is notsubmitted by the property manager within 30 days, or in the case of acondominium association, 90 days, or if an alternative plan submitted bythe property manager fails to comply with generally acceptedconstruction and safety standards or does not provide for the installationof cable television facilities in an economically feasible manner.(d) Any property manager of a residential building described insubparagraph (a), and any property manager of improved or unimproved real estate described in subparagraph (b), who shall have given timelywritten notice to the cable operator as provided in subparagraph (c), mayassert a claim for just compensation in excess of $1 for permitting theinstallation of cable television facilities within and upon such building orreal estate. Within 30 days after notice has been given in accordance withsubparagraph (c), the property manager shall advise the cable operator inwriting of the amount claimed as just compensation. If within 60 daysafter the receipt of the property manager’s claim, the cable operator hasnot agreed to pay the amount claimed or some other amount acceptableto the property manager, the property manager may bring suit to enforcesuch claim for just compensation in any court of competent jurisdictionand, upon timely demand, may require that the amount of justcompensation be determined by a jury. Any such action shall becommenced within 6 months of the notice given by the cable operatorpursuant to subparagraph (c) hereof. In any action brought to determinesuch amount, the property manager may submit evidence of a decrease inthe fair market value of the property occasioned by the installation orlocation of the cable on the property, that the property manager has aspecific alternative use for the space occupied by cable televisionfacilities, the loss of which will result in a monetary loss to the propertymanager, or that installation of cable television facilities within and uponsuch building or real estate otherwise substantially interferes with the useand occupancy of such building to an extent which causes a decrease inthe fair market value of such building or real estate.(e) Disposition of cable home wiring upon installation. In order topromote competition between cable operators and to assure the smoothtransition of services from one cable operator to another, if so desired bya cable subscriber (hereinafter “subscriber”), and to allow private realproperty owners to protect the aesthetic integrity and value of theirproperty by preventing unsightly and excessive external cables frombeing attached to or located upon their property:(1) Upon the installation of cable home wiring to anyresidential single unit or multiple unit dwelling by a cable operator,the installed wiring shall be deemed to be a fixture of the dwelling,and ownership of the wiring shall be immediately vested in theowner of the dwelling or premises (hereinafter “owner”). Afterinstallation of the wiring, a cable operator shall make no attempt toremove it or to restrict its use.

5 Guam Code Ann. § 32603. Access.

(a) No property owner, condominium association, managing agent,lessee or other person in possession or control of any residential building(hereinafter “property manager”) shall forbid or prevent any occupant,tenant or lessee (hereinafter “tenant”) of any such building from (1)receiving cable television service from a cable operator, nor (2) demandor accept payment from any cable operator or such tenant in any form asa condition of permitting the installation of cable television facilities orthe maintenance of cable television service in any such building or anyportion thereof occupied or leased by such tenant, nor (3) discriminate inrental charges or otherwise against any tenant receiving cable service;provided, however, that the property manager of such building mayrequire, in exchange and as compensation for permitting the installationof cable television facilities within and upon such building, the paymentof just compensation by the cable operator which provides such cabletelevision service, said sum to be determined in accordance with theprovisions of subparagraphs (c) and (d) hereof, and provided further thatthe cable operator installing such cable television facilities shall agree toindemnify the owner of such building for any damage caused by the installation, operation or removal of such cable television facilities andservice.No cable operator shall install cable television facilities within aresidential building pursuant to this subparagraph (a) unless the propertymanager of such residential building, or a tenant of such residentialbuilding requests the delivery of cable television services. In anyinstance in which a request for service is made by more than three (3)tenants of a residential building, the cable operator may install cabletelevision facilities throughout the building in a manner which enablesthe cable operator to provide cable television services to tenants of otherresidential units without requiring the installation of additional cabletelevision facilities other than within the residential units occupied bysuch other tenants.(b) No property manager of any improved or unimproved real estateshall forbid or prevent a cable operator from entering upon such realestate for the purpose of and in connection with the construction orinstallation of such cable television system and cable television facilities,nor shall any such property manager of such real estate forbid or preventsuch cable operator from constructing or installing upon, beneath or over(hereinafter “upon”) such real estate, including any buildings or otherstructures located thereon, hardware, cable, equipment, materials or othercable television facilities utilized by such cable operator in theconstruction and installation of such cable television system; provided,however, that the property manager of any such real estate may require,in exchange and as compensation for permitting the construction orinstallation of cable television facilities upon such real estate, thepayment of just compensation by the cable operator which provides suchcable television service, said sum to be determined in accordance withthe provisions of subparagraphs (c) and (d) hereof, and provided furtherthat the cable operator constructing or installing such cable televisionfacilities shall agree to indemnify the owner of such real estate for anydamage caused by the installation, operation or removal of such cabletelevision facilities and service.(c) In any instance in which the property manager of a residentialbuilding or improved or unimproved real estate intends to require thepayment of just compensation in excess of $1 in exchange for permittingthe installation of cable television facilities in and upon such building, orupon such real estate, the property manager shall serve written notice 20 days of the date on which such property manager is notified of thecable operator’s intention to construct or install cable television facilitiesin and upon such building, or real estate. Unless timely notice as hereinprovided is given by the property manager to the cable operator, it willbe conclusively presumed that the property manager of any such buildingor real estate does not claim or intend to require a payment of more than$1 in exchange and as just compensation for permitting the installation ofcable television facilities within and upon such building or real estate. Inany instance in which a cable operator intends to install cable televisionfacilities as herein provided, written notice of such intention shall be sentby the cable operator to the property manager. Such notice shall includethe address of the property, the name of the cable operator, andinformation as to the time within which the property manager may givenotice, demand payment as just compensation and initiate legalproceedings as provided in this subparagraph (c) and subparagraph (d).In any instance in which a cable operator intends to install cabletelevision facilities within a residential building containing twelve(12) ormore residential units, the written notice shall further provide that theproperty manager may require that the cable operator submit writtenplans identifying the manner in which cable television facilities are to beinstalled, including the proposed location of coaxial cable. Approval ofsuch plans by the property manager shall not be unreasonably withheldand such property manager’s consent to and approval of such plans shallbe presumed unless, within 30 days after receipt thereof, or in the case ofa condominium association, 90 days after receipt thereof, the propertymanager identifies in writing the specific manner in which such plansdeviate from generally accepted construction or safety standards, andunless the property manager contemporaneously submits an alternativeconstruction plan providing for the installation of cable televisionfacilities in an economically feasible manner. The cable operator mayproceed with the plans originally submitted if an alternative plan is notsubmitted by the property manager within 30 days, or in the case of acondominium association, 90 days, or if an alternative plan submitted bythe property manager fails to comply with generally acceptedconstruction and safety standards or does not provide for the installationof cable television facilities in an economically feasible manner.(d) Any property manager of a residential building described insubparagraph (a), and any property manager of improved or unimproved real estate described in subparagraph (b), who shall have given timelywritten notice to the cable operator as provided in subparagraph (c), mayassert a claim for just compensation in excess of $1 for permitting theinstallation of cable television facilities within and upon such building orreal estate. Within 30 days after notice has been given in accordance withsubparagraph (c), the property manager shall advise the cable operator inwriting of the amount claimed as just compensation. If within 60 daysafter the receipt of the property manager’s claim, the cable operator hasnot agreed to pay the amount claimed or some other amount acceptableto the property manager, the property manager may bring suit to enforcesuch claim for just compensation in any court of competent jurisdictionand, upon timely demand, may require that the amount of justcompensation be determined by a jury. Any such action shall becommenced within 6 months of the notice given by the cable operatorpursuant to subparagraph (c) hereof. In any action brought to determinesuch amount, the property manager may submit evidence of a decrease inthe fair market value of the property occasioned by the installation orlocation of the cable on the property, that the property manager has aspecific alternative use for the space occupied by cable televisionfacilities, the loss of which will result in a monetary loss to the propertymanager, or that installation of cable television facilities within and uponsuch building or real estate otherwise substantially interferes with the useand occupancy of such building to an extent which causes a decrease inthe fair market value of such building or real estate.(e) Disposition of cable home wiring upon installation. In order topromote competition between cable operators and to assure the smoothtransition of services from one cable operator to another, if so desired bya cable subscriber (hereinafter “subscriber”), and to allow private realproperty owners to protect the aesthetic integrity and value of theirproperty by preventing unsightly and excessive external cables frombeing attached to or located upon their property:(1) Upon the installation of cable home wiring to anyresidential single unit or multiple unit dwelling by a cable operator,the installed wiring shall be deemed to be a fixture of the dwelling,and ownership of the wiring shall be immediately vested in theowner of the dwelling or premises (hereinafter “owner”). Afterinstallation of the wiring, a cable operator shall make no attempt toremove it or to restrict its use.

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5 Guam Code Ann. § 32702. Short Title.

This Act shall be known and may be cited as the “Social SecurityNumber Confidentiality Act”.

5 Guam Code Ann. § 32702. Short Title.

This Act shall be known and may be cited as the “Social SecurityNumber Confidentiality Act”.

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5 Guam Code Ann. § 32703. Definitions.

The following definitions shall be used in interpreting this Act:(a) “Phish” means the act of sending an electronic mail ormessage over the internet to a user in an attempt to mislead the userinto surrendering private information for any purpose other than thepurpose disclosed to the user by the sender of the e-mail ormessage.(b) “Public entity” means the government of Guam and anyagency or instrumentality thereof. For purposes of this Act, publicentity does not include the federal government.(c) “Private entity” means any individual, corporation,company, partnership, firm, association, or any entity other than apublic entity.(d) “Private information” means any privileged personalinformation protected by law requiring the consent of thatindividual prior to disclosure.(e) “Publicly post” or “publicly display” means tointentionally communicate, openly exhibit or otherwise makeavailable to the general public.

5 Guam Code Ann. § 32703. Definitions.

The following definitions shall be used in interpreting this Act:(a) “Phish” means the act of sending an electronic mail ormessage over the internet to a user in an attempt to mislead the userinto surrendering private information for any purpose other than thepurpose disclosed to the user by the sender of the e-mail ormessage.(b) “Public entity” means the government of Guam and anyagency or instrumentality thereof. For purposes of this Act, publicentity does not include the federal government.(c) “Private entity” means any individual, corporation,company, partnership, firm, association, or any entity other than apublic entity.(d) “Private information” means any privileged personalinformation protected by law requiring the consent of thatindividual prior to disclosure.(e) “Publicly post” or “publicly display” means tointentionally communicate, openly exhibit or otherwise makeavailable to the general public.

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5 Guam Code Ann. § 32704. General Rule.

No public or private entity shall:(a) Assign an identification number to an individual which isidentical to or incorporates an individual’s Social Security Number(SSN).(b) Publicly post or publicly display, in any manner, privateinformation or an individual's SSN.(c) Print an individual's SSN on any card required for theindividual to access products or services provided by the person orentity.(d) Print an individual’s SSN on identification cards orbadges.(e) Print an individual's SSN on materials that are mailed,unless Federal or Guam law requires the SSN to be on thedocument to be mailed. Notwithstanding this Act,applications and forms sent by mail may include SSNs.(f) Require an individual to transmit his privateinformation or SSN over the internet in an unsecured orunencrypted connection.(g) Deny to any individual any right, benefit or privilegeprovided by law because of an individual’s refusal to disclosehis SSN as provided in 5 U.S.C. §552(a). Any public orprivate entity which requests an individual to disclose hisSSN shall inform the individual upon his request whether thatdisclosure is mandatory or voluntary, by what statutory orlegal authority the SSN is solicited, and what uses will bemade of it.(h) Phish across the internet in an attempt to have anindividual disclose private information or their SSN.

5 Guam Code Ann. § 32704. General Rule.

No public or private entity shall:(a) Assign an identification number to an individual which isidentical to or incorporates an individual’s Social Security Number(SSN).(b) Publicly post or publicly display, in any manner, privateinformation or an individual's SSN.(c) Print an individual's SSN on any card required for theindividual to access products or services provided by the person orentity.(d) Print an individual’s SSN on identification cards orbadges.(e) Print an individual's SSN on materials that are mailed,unless Federal or Guam law requires the SSN to be on thedocument to be mailed. Notwithstanding this Act,applications and forms sent by mail may include SSNs.(f) Require an individual to transmit his privateinformation or SSN over the internet in an unsecured orunencrypted connection.(g) Deny to any individual any right, benefit or privilegeprovided by law because of an individual’s refusal to disclosehis SSN as provided in 5 U.S.C. §552(a). Any public orprivate entity which requests an individual to disclose hisSSN shall inform the individual upon his request whether thatdisclosure is mandatory or voluntary, by what statutory orlegal authority the SSN is solicited, and what uses will bemade of it.(h) Phish across the internet in an attempt to have anindividual disclose private information or their SSN.